Loading...
Ordinance 99-3228 ORDINANCE NO. 99-3228 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PART II: GOALS, OBJECTIVES AND POLICIES OF THE CITY OF MIAMI BEACH COMPREHENSIVE PLAN,BY MODIFYING THE CATEGORY ENTITLED "LOW DENSITY PLANNED RESIDENTIAL CATEGORYARM-PRD) OF POLICY 1.2 OF OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS OF THE FUTURE LAND USE ELEMENT; AND, DIRECTING TRANSMITTALS OF THIS ORDINANCE AND ALL APPLICABLE DOCUMENTS TO AFFECTED AGENCIES;PROVIDING FOR REPEALER, SEVERABILITY,INCLUSION IN THE COMPREHENSIVE PLAN AND AN EFFECTIVE DATE. WHEREAS,the applicant,63rd Street Associates,Ltd.,has made application to the City of Miami Beach to amend the text of the City of Miami Beach Comprehensive Plan relative to the permitted uses for the RM-PRD Multi-Family Planned Residential Development future land use category to allow for limited commercial uses; and WHEREAS,the City of Miami Beach has determined that modifying the permitted uses for the RM-PRD Multi-Family Planned Residential Development future land use category is necessary to ensure that new development is compatible and in scale with the built environment of the City; and, WHEREAS, the Mayor and City Commission of the City of Miami Beach, Florida have determined that the applicant's requested change relative to permitted uses for the RM-PRD Multi- Family Planned Residential Development future land use category will ensure that new and future development is in the best interest of the City; WHEREAS,amending the text of the City of Miami Beach Comprehensive Plan as provided herein is necessary to insure that development of that property will be compatible with development in adjacent and surrounding areas,and will contribute to the health and general welfare of the City; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT OF CITY OF MIAMI BEACH COMPREHENSIVE PLAN. That Policy 1.2 of Objective 1: Land Development Regulations of the Future Land Use Element of The City of Miami Beach Comprehensive Plan is hereby modified as follows: PART II: GOALS, OBJECTIVES and POLICIES FUTURE LAND USE ELEMENT GOAL: Ensure that the character and location of land uses maximize the potential for economic benefit and the enjoyment of natural and man-made resources by citizens while minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation. OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS Future growth and development, redevelopment and rehabilitation will be managed through the preparation, adoption, implementation and enforcement of land development regulations. Policy 1.2 The land development regulations which implement this Comprehensive Plan shall, at a minimum, be based on and be consistent with s.163.3202, F.S. and shall further be based on the following standards for land use category, land use intensity and land use density: * * Low Density Planned Residential Category (RM-PRD) Purpose: To provide development opportunities for and to enhance the desirability and quality of existing and/or new low density single family and multiple family residential areas in large scale developments which are carried out in accordance with an overall development master plan and which have a greater variety of height,set back and similar configurations than would be appropriate in lot-by-lot development, and which may conttin a limited accessory commercial component. not to exceed one percent (1%) of the lot area of the site. Uses which may be Permitted: Single family detached dwellings, single family attached dwellings, townhouse dwellings and multiple family dwellings, limited accessory commercial uses not to exceed one percent (1%) of the lot area of the site.. Baste Density Limits: 25 dwelling units per gross acre. base dorsity. Intensity Limits: Intensity may be limited by such set back,height, floor area ratio and/or other restrictions as the City Commission acting in a legislative capacity determines can effectuate the purpose of this land use category and otherwise implement complimentary public policy. However, in no case shall the basc intensity exceed a floor area ratio of L66 1.0 rm,r shall the bonus intensity-cx eed a floor area ratio of 2.0. SECTION 2s REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section,subsection,clause or provision of this Ordinance is held invalid,the remainder shall not be affected by such invalidity. SECTION 4. INCLUSION IN COMPREHENSIVE PLAN. It is the intention of the City Commission, and it is hereby ordained that Section 1 is made part of the City of Miami Beach Comprehensive Plan, as amended; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance"may be changed to "section" or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 25th day of December , 199 9 , however, the effective date of any plan amendment shall be in accordance with Section 163.3184, Florida Statutes. PASSED and ADOPTED this 15th day of December , 1999 . ATTEST: MAYOR „_t Cat CITY CLERK F:\PLAN\SPLB\MAY\HOSP 139 RI392PRD2\1392COMP.REV 1st reading 7/20/99 APPROVED AS TO 2nd reading 12/15/99 FORM & LANGUAGE &FOR EXECUTION City Attosf Date ' ITY OF MIAMI BEACH ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 tp:\\ci.m is m i-b each.fl.us COMMISSION MEMORANDUM NO. q1 a.-74g TO: Mayor Neisen O.Kasdin and DATE: December 15, 1999 Members of the City ,mmission FROM: Sergio Rodriguez / City Manager •/ / / SUBJECT: 1) St. Fran s 'o pital Site - Future Land Use Map Amendment Second Reading - An Ordinance of the Mayor and City Commission of the City of Miami Beach,Florida,Amending the Future Land Use Map of the City of Miami Beach Comprehensive Plan for the Property at 250 W. 63rd Street (A/k/a St.Francis Hospital Site) from the Current Future Land Use Category PF-RHO Public Facility (Religious, Hospital, Other), to the Proposed Future Land Use Category RM-PRD Multi-family,Planned Residential Development; Directing Transmittals of this Ordinance and All Applicable Documents to Affected Agencies; Providing for Repealer, Severability, Inclusion in the Comprehensive Plan and an Effective Date. 2) St. Francis Hospital Site - Comp Plan Text Amendment Second Reading - An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Part II: Goals, Objectives and Policies of the City of Miami Beach Comprehensive Plan, by Modifying the Category Entitled "Low Density Planned Residential" (RM-PRD)of Policy 1.2 of Objective 1: Land Development Regulations of the Future Land Use Element; And, Directing Transmittals of this Ordinance and All Applicable Documents to Affected Agencies; Providing for Repealer, Severability, Inclusion in the Comprehensive Plan and an Effective Date. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission upon second reading, adopt the proposed Future Land Use Map amendment and Comprehensive Plan text amendment. ANALYSIS The applicant, 63rd Street Associates, Ltd., has made application to the City of Miami Beach to change future land use map designation for the property located at 250 W. 63rd Street, also known as the St. Francis Hospital Site, from PF-RHO Public Facility(Religious, Hospital, Other) to RM- PRD Residential Multi-family Planned Residential Development. The applicant has also applied for an amendment to the text of the City of Miami Beach Comprehensive Plan which would allow limited accessory commercial development in the RM-PRD Residential Multi Family Planned Residential Development future land use category. Agenda Item R 5 T Date Commission Memorandum December 15, 1999 St. Francis Hospital Site -Future Land Use Map Amendment Page 2 ANALYSIS (Continued) As a part of this request,the applicant has also applied for an amendment to the Land Development Regulations which would create a new RM-PRD2 Residential Multi-Family Planned Residential Development zoning district classification, and to change the zoning map classification for the property to that new zoning district classification; these related applications are discussed below. History of the Site St. Francis Hospital was constructed in 1925 and was the first hospital on Miami Beach. It has served as a hospital facility since that time. The site contains approximately 8.5 acres. The site currently consists of the hospital buildings, the majority of which have ceased functioning as an operating hospital facility. However, a portion of the facility is still in operation as a 20 bed psychiatric facility. The applicant's proposal The applicant has purchased the site and now proposes a mixed-use residential development, which would utilize some of the existing buildings for multi-family residential apartment units, while demolishing other portions of the existing hospital buildings, and building new low rise townhouse units and mid-rise apartments on the balance of the site. Accordingly, the applicant is now requesting a change in the zoning and land use for the property. Regarding the future land use designation, the property is currently designated PF(RHO) Public Facility(Religious,Hospital, Other), and the applicant has requested to change it to the RM-PRD Residential Multi Family Planned Residential Development land use category. This category is intended to provide development opportunities for and to enhance the desirability and quality of existing and/or new low density single family and multiple family residential areas in large scale developments which are carried out in accordance with an overall development master plan and which have a greater variety of height, setback and similar configurations than would be appropriate in lot-by-lot development. Regarding the zoning district classification, the property is currently zoned HD Hospital District. The applicant has requested that it not be rezoned to the existing RM-PRD zoning district, but to a new RM-PRD2 Residential Multi-Family Planned Residential Development zoning district classification that would be created by the City. The new RM-PRD2 district would be similar to the existing RM-PRD district in terms of providing for multi-family residential uses in large scale developments, but would contain development regulations specifically tailored to the applicants plans for the development of"new urbanism" style townhouse parcels, designed by Elizabeth Plater-Zyberk. The proposed regulations would also allow the re-use of some of the existing hospital buildings for conversion into multi-family apartment structures. Commission Memorandum December 15, 1999 St. Francis Hospital Site-Future Land Use Map Amendment Page 3 ANALYSIS (Continued) The only other example of the RM-PRD category within the City is located on Fisher Island. However, the applicant wishes to be able to develop the property in a somewhat different fashion than the existing development regulations for the RM-PRD district would permit, and has developed a proposal for a new RM-PRD2 zoning district classification that would more accurately address the development plans. Additionally, as the applicant wishes to include a very limited commercial component as part of the development (no more than 1,000 s.f.), limited to the first floor of the proposed multi-family apartment buildings, the portion of the text of the Comprehensive Plan related to the RM-PRD future land use category must be modified to allow limited commercial development within the envisioned planned residential developments. On June 2, 1999 the Planning Board voted 6-0 to recommend that the City Commission approve the application with substantial revisions. On July 20, 1999, the Commission voted 4-2 to approve the Comprehensive Plan amendments on first reading, so they could be transmitted to the Department of Community Affairs (DCA) as required. The zoning and development regulations ordinances were continued,however for further negotiations between the applicant and concerned neighborhood groups. At several subsequent City Commission meetings, testimony was heard from both the applicant and from neighborhood groups concerned about the size and scale of the proposed development, and the applicant has significantly revised his proposal to address community concerns. The Commission approved the revised development regulations and zoning map change ordinances on first reading on November 17, 1999,with the instruction to the applicant to continue to meet with the neighborhood groups to work out a finalized compromise solution addressing the concerns of the neighbors. Second reading of the finalized development regulations and zoning map change will come before the Commission in January 2000. The Comprehensive Plan amendments were reviewed by DCA and an Objection,Recommendation and Comments report(ORC Report)was issued. The State's comments were of a minor nature and easily addressed; the language of the ordinance has been slightly modified to address DCA's concerns and a response sheet has been included (see Attachment "A"). Due to State restrictions on amending the City's Comprehensive Plan only twice per year, this Comprehensive Plan Future Land Use Map and the accompanying Comprehensive Plan Text Amendment must be adopted by the end of 1999, or face a delay of up to five or six months until the next possible adoption date. Therefore, these amendments are before the Commission today, with the understanding that a finalized set of development regulations, at or below the allowable development thresholds approved at first reading,will be presented to the Commission in January for final adoption, thereby completing the entire process. Commission Memorandum December 15, 1999 St. Francis Hospital Site-Future Land Use Map Amendment Page 4 ANALYSIS (Continued) The revised development regulations ordinance restricts development to a total of 180 dwelling units to be constructed. This restriction will help to ensure that the development is limited in its impacts upon the surrounding neighborhoods and the surrounding roadway network. Additionally, a restriction is included in the ordinance that ensures that the entire western portion of the island could only be developed with low intensity residential townhouse units, limiting the bulk of the apartment units to the east side of the site. The revised ordinance limits the allowable floor area ratio (FAR) for the development as a whole to 1.45, and limits the proposed commercial • component of the development to 1,000 s.f. In reviewing a request for an amendment to the land development regulations, the Board shall consider the following when applicable: 1. Whether the proposed change is consistent and compatible with the comprehensive plan and any applicable neighborhood or redevelopment plans. Consistent - The amendment requires an amendment to the text of the Comprehensive Plan. No neighborhood plans exist for the immediate area; however, it is contemplated that this site will be included as part of the proposed North Beach Strategic Plan. 2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts. Consistent - The property is currently an isolated district unrelated to adjacent or nearby districts; the property is zoned HD Hospital District and is surrounded by the RS Single Family districts to the west and north and the RM-2 and RM- 3 districts to the east and south. The proposed amendment would reduce the isolated nature of the zoning. 3. Whether the change suggested is out of scale with the needs of the neighborhood or the city. Consistent- The planned residential development proposed for the site has the potential to integrate well with the surrounding neighborhood. The Administration believes that the ordinance as revised by the applicant addresses the concerns of density and intensity, and ensures that the development is more compatible with the character and scale of the surrounding single family neighborhoods to the west and north of the'site. Commission Memorandum December 15, 1999 St. Francis Hospital Site -Future Land Use Map Amendment Page 5 ANALYSIS (Continued) 4. Whether the proposed change would tax the existing load on public facilities and infrastructure. Partially Consistent - The proposed change as requested will tax the existing load on public facilities and infrastructure, although probably no greater than the prior hospital use. 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Consistent- The district boundaries follow the outline of the site, which is isolated as a single development parcel on the southern portion of Allison Island. 6. Whether changed or changing conditions make the passage of the proposed change necessary. Consistent- The subject property has remained underutilized as a hospital, and conversion of the site should be encouraged. The applicant has agreed to modifications of the original development proposal, limiting the total number of permitted dwelling units to 180 units, which address the Administration's concerns regarding the suitability of a substantial number of high-intensity multi-family apartment units located on this sensitive site. 7. Whether the proposed change will adversely influence Iiving conditions in the neighborhood. Consistent- The proposed amendment, as modified to restrict planned intensities and densities, should not adversely influence living conditions in the neighborhood. The applicant has made modifications recommended by the Planning Board, the Administration, and neighborhood groups limiting additions in height to the existing hospital buildings, and restricting new apartment construction. The ordinance also specifically limits the number of residential units that are permitted to a total of 180 dwelling units. 8. Whether the proposed change will create or excessively increase traffic congestion beyond the levels of service as set forth in the comprehensive plan or otherwise affect public safety. Consistent- The impact of the proposed amending ordinance on LOS for the area traffic circulation will not be greater than the prior hospital use. Commission Memorandum December 15, 1999 St. Francis Hospital Site-Future Land Use Map Amendment Page 6 ANALYSIS (Continued) 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Consistent The proposed change will not seriously reduce access to light and air; the proposal is no greater in intensity than the pre-existing hospital use. 10. Whether the proposed change will adversely affect property values in the adjacent area. Consistent- -The Administration is of the opinion that property values in the adjacent areas will not be adversely affected by the proposed amendment. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Consistent- The proposed amendments should not affect the ability for an adjacent property to be developed in accordance with said regulations, as revisions have been incorporated addressing the concerns of the surrounding neighborhood. The proposed ordinance, as revised, will result in less of a negative impact on possible future development on adjacent sites than the applicant's original proposal, which was of a higher density and intensity. 12. Whether there are substantial reasons why property e the p rty cannot be used in accordance with existing zoning. Consistent- Development of the property into a hospital facility has not proven to be economically viable in this time of health care consolidation. 13. Whether it is impossible to find other adequate sites in the city for the proposed use in a district already permitting such use. Consistent- The subject site is unique in being one of the last relatively undeveloped parcels of this size in the entire city; no other nearby site proves as desirable for the development of a mixed use residential development. Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon second reading public hearing, the proposed amendment to the Future Land Use Map of the City's Comprehensive Plan, as it will enable the development of an appropriately scaled mixed use developm- t on the subject site. ',v SR \ 7\RGL\rgl T:\AGENDA\1999\DEC 1599\REGULAR\1391 CMM2.RE V ATTACHMENT "A" RESPONSE TO THE DEPARTMENT OF COMMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS (ORC) REPORT • Text Amendment Policy 1.2 Objection: No adequate standards to determine the allowable intensity for Commercial use. Response: The amendment has been revised to limit the allowable accessory commercial use to one percent (1%) of total land area of the subject site. Additionally, the references to bonus density allowances has been deleted, in order to better reflect the densities allowed. The allowable density will now be 25 units per acre only. Map Amendment: St. Francis Hospital Response: The proposed FLUM amendment will not increase evacuation times and is consistent with Future Land Use Element Objective 4 and Policies 4.1-4.2 and Conservation/Coastal Zone Management Objective 4.The redevelopment of the site will produce significant reductions in traffic from the traffic associated with the existing hospital complex. The redevelopment of the site will produce 5,606 less vehicle trips in the daily and 357 less PM peak hour trips than the existing hospital floor area. When considering the traffic solely associated with the medical office uses of the Morris Tower, the redevelopment of the site will produce 46 less daily vehicle trips and 13 less PM peak hour trips. Moreover,the recent down-zoning in the City of Miami Beach has resulted in a 6400 unit reduction for the City, As a result of generating substantially fewer vehicle trips than currently exists for the hospital site, evacuation times would not increase, and the FLUM amendment is therefore consistent with Future Land Use Element Objective 4 and Policies 4.1-4.2 and Conservation/Coastal Zone Management Objective 4. fit" U S= U �- c O 00 > • ap1 o-7/ • OQ) c M v g ^" ^ 01 �'•'" p Q <4.4 zO o a) 4-, O cn to ° W R3 � O O O o6 C o F z Q. b,o ° O UUw